Sinchies Consultant Agreement
Sinchies Consultant Agreement
We are very proud of our products and hope that you will join us in sharing multiple award-winning Sinchies reusable pouches with parents, children, athletes, camping enthusiasts and anyone else who would use these (which is everyone) Australia-wide! If you have any questions or would like to discuss anything further, please don’t hesitate to email the Sinchies team at firstname.lastname@example.org. We hope you love our products as much as we do and look forward to welcoming you to the Sinchies family!
Terms and Conditions
This Agreement is between Sinchies Pty Ltd ABN 42 496 618 838 and the Consultant whose name appears on the Consultant Starter Kit order. By ordering the Consultant Starter Kit, the Consultant agrees to these Terms and Conditions.
Initial Investment – Starter Kit
There is a single, up-front fee of $242 (plus $20 postage) involved in becoming a Consultant, which purchases the applicant a Consultant Starter Kit. This kit includes samples of all Sinchies pouch products plus a mixed selection of stock with an RRP of over $400. It is intended that the Consultant will use the kit to become acquainted with the Sinchies range and ascertain which products suit their particular audiences. By selling everything in this kit at the recommended RRPs, the Consultant will make back their investment PLUS an additional 35-40% profit.
Independent Contractor Status
- The Consultant is an independent contractor in business for her/himself and is not an employee of Sinchies. As such, each Consultant must have her own registered ABN. Note, if you do not have an ABN, you can apply for one with the Australian Business Register.
- The Consultant must manage their own business affairs, cash flow, taxes, insurance and so forth, in accordance with all applicable laws.
- The Consultant will bear all costs involved with running their business and indemnifies Sinchies against any liabilities, claims, damages, losses, costs and expenses arising from or in relation to their business.
- The Consultant agrees that this Agreement provides no guarantee of income, nor is there a guarantee by Sinchies of success or profit.
Prices and Ordering
- There is no minimum order for Consultants.
- Consultants are eligible to purchase Sinchies products at 35-40% off RRP.
- Where Sinchies resells products from other suppliers, if permitted by supplier agreements these will be offered to Consultants at 15-20% off RRP.
- Any of these prices may change at any time without notice.
- All orders must be paid for up-front before goods are dispatched.
- Orders can be placed through the website (you must be logged in as an approved Consultant to view discounted pricing) or by emailing an order form to email@example.com.
- All products purchased by Consultants under these Terms and Conditions are for personal or ‘direct’ selling purposes only and are NOT to be sold in a retail shop environment (a physical store or any auction website such as eBay).
- If a Consultant fails to re-order Sinchies within a 6 month period, Sinchies reserves the right to pass their designated postcode zone/s onto another Consultant.
- Postage is to be paid by Consultants.
- Sinchies will ship orders via Sendle, Fastway or Australia Post – whichever is the most cost effective.
- If requested, Sinchies will post, or ‘drop ship’ orders directly to a Consultant’s client, however this will incur a $4.99 postage charge to the client, Australia-wide. Shipping to overseas destinations will be charged to the Consultant at Australia Post rates.
- Packing days are Tuesdays and Thursdays so orders will generally be shipped within four days of receipt of payment. If an item is not in stock, or if there will be a shipping delay for any reason, the Consultant will be promptly notified.
- All deliveries are registered and require a signature upon receipt.
- Sinchies takes no responsibility for any lost, damaged or opened parcels.
- No orders will be sent until payment has been received in full.
- Payment can be made via credit card (Visa or Mastercard), PayPal, or direct deposit. Afterpay and Zippay are also offered, however Consultants who choose to use either of these payment methods will incur the additional 5% charges. Personal cheques are not accepted.
- Sinchies does not offer credit accounts.
Warranty, Returns and Exchanges
- Sinchies offers a six-month warranty on our products. This warranty covers faults or defects, such as the zip-lock coming away from the side of the pouch, split spout pouch, liquid seeping under the zip-lock and the pouch. Products must have been cared for according to our instructions. Product defects must be photographed and we will replace these at our discretion. In some cases we may ask for the product to be returned.
- Sinchies will replace or refund faulty stock. Please advise Sinchies of faulty stock within 14 days of receiving a complaint.
- Replacements will not be provided for stock that was damaged by the delivery service, Consultant or customer.
- The Consultant is authorised (but is not under any obligation) to resell Sinchies products in Australia and stick to the RRPs, unless a discount has been previously agreed upon with Sinchies. You can download a current list of retails prices through the Online Consultant Portal on the Sinchies website.
- This is not a contract for the supply of services or the performance of any work by the Consultant.
- The Consultant agrees to sell in a personal, or one-to-one, manner and NOT in a retail shop environment (a physical store or any auction website such as eBay).
- To the best of their ability, the Consultant will endeavour to limit their physical sales approaches (e.g. letterbox drops, market stalls, schools, daycare drives etc) to their designated postcode zone/s. It is understood that some sales via the Consultant’s online social network pages may occur outside of their zone/s.
- The Consultant will provide personal demonstrations of Sinchies products to customers upon a customer’s request.
- The Consultant shall fairly represent Sinchies products and shall not make any exaggerated or untrue claims about the products which may be contrary to the Trade Practices Act 1974 (Cth) or other relevant statutes.
- The Consultant agrees to represent Sinchies’ product guarantees accurately and to honour such guarantees as appropriate when providing service to customers.
- The Consultant must handle any personal information they collect or have access to as a result of this Agreement, in a manner which is fair, lawful and in accordance with the National Privacy Principles under the Privacy Act.
- The Consultant hereby gives consent to Sinchies and other Consultants, to make contact with the Consultant via telephone, mail and email in relation to the Consultant’s Sinchies business. This includes the Consultant’s contact information being supplied to potential customers in their designated postcode zone/s.
- Sinchies will regularly contact the Consultant via email to keep them informed on business activities and sale opportunities. The Consultant may unsubscribe from these emails at any time.
Trademarks, Logos, Sales Tools etc
- The Consultant must not use Sinchies’ name, logos, images or text except as requested and agreed to in writing. It is understood and agreed that any unauthorised use of the Sinchies logos may result in the termination of this Agreement at Sinchies’ option.
- The Consultant will have access to a suite of professionally-designed marketing and advertising material which they may order through Sinchies or have printed at their own expense. These materials may be viewed and accessed through the Online Consultant Portal and Wholesale Image Gallery, accessed through the Sinchies website.
- If the Consultant requires the design of any new marketing or advertising material, they may email a request to firstname.lastname@example.org.
- Approved Consultants are encouraged to join the Sinchies Consultants Facebook group. This is an excelled method of sharing advice, tips, sales methods, marketing ideas and information.
Term and Termination of Agreement
- The term of this Agreement is one year from the date of acceptance of this Agreement. This Agreement shall automatically renew every year unless the Consultant provides Sinchies with written notice.
- However, the Agreement may be terminated:
- By either party on written notice to each other party if a breach has not been remedied within 14 days of written notice given to that party setting out details of a breach and its intention to resolve,
- By Sinchies by written notice to the Consultant and with immediate effect if the Consultant has acted in a manner that is materially detrimental to the company or the Sinchies brand.
- Sinchies reserves the right to terminate a Consultant agreement if the Consultant has become inactive or unresponsive to Sinchies management or to customer communications.
- The Consultant undertakes not to represent, as a Consultant, Demonstrator or Stockist, any other reusable pouch company both during the term of and for three months after the termination of this Agreement.
- The Agreement may not be transferred or assigned by either party.
- The Agreement shall be governed by the laws of the State of Queensland, Australia, which will be the relevant jurisdiction in the event of disputes between the Consultant and Sinchies.
If you have any questions, please don’t hesitate to contact the chief pouch operator, owner, founder and designer of Sinchies, Samantha Spunner by emailing email@example.com.